Two others were implicated in the murder, Benton's close
friend, Susan Ellen Campbell, and Campbell's son, Jason Jay Jaynes. Benton and
Jaynes are scheduled for trial in February. Campbell pleaded guilty to attempted aggravated murder and
will testify against them.

Sweeney said Jaynes discussed his case with another
Clackamas County Jail inmate. Sweeney asked that Steele order the prosecution
to identify which of Jaynes' statements may be used at trial and set a deadline
for providing the information.

Sweeney said the
state's case against Benton relies substantially on Campbell's testimony. The
rest of the case is based on "prior bad acts." Usually, past actions can't be
used to establish guilt. However, evidence of past bad acts may be used
to establish motive, intent, planning or knowledge of a crime.

"They don't have the piece of evidence
they need," Sweeney said. "They have all these little things" and will try to add them
up, he said.

Sweeney asked Steele to set a deadline
for disclosing what bad acts may be introduced at trial.

The murder investigation generated a
massive amount of evidence. Sweeney also asked that prosecutors whittle down it down and indicate how much of
it may be used at trial. Sweeney said he doesn't want defense investigators
wasting time on irrelevant material.

Prosecutors recently received 7,000
work emails Benton sent or received as a police officer. If none of the emails
will be used as evidence, it makes no sense for the defense team to examine
them, Sweeney said.

In effect, Sweeney put the court on
notice that he may ask that the trial be postponed while his team plows through what is a still-growing pile of evidence.

Greg Horner, chief deputy district
attorney, said the state met its burden by turning over all potential evidence.
The defense is asking the state do its work for them, Horner said.

Horner said the appropriate time to
discuss and dispute potential evidence is at the pretrial hearing scheduled for
November. So-called "omnibus" hearings are held to address several
legal issues, including the admissibility of evidence.